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HONGKONG LEGISLATIVE COUNCIL
Boarding House Ordinance
THE ATTORNEY-GENERAL moved the second reading of the Bill entituled, "An Ordinance to provide for the licensing and control of places where persons are lodged for hire. In doing so he said-
the object of the Bilt is to provide powers for the licensing and better control of hotels and buarding houses and all other places where persons are lodged for hire. and where some form of domestic service is wndered to the person so lodged. Some of these places are already sufficient ly controlled under various Ordinances; for example, the European hotels are controlled by means of publicans' licenses or adjunct licenses, and boarding houses where assisted emigrants may be lodged are controlled under the Asiatic Emigra- tion Ordinance, 1915, but there are other places of this kind, either boarding hou es or hotels, where there is no proper pr appropriate form of license. For example, the better class of Chinese hotel, though some of them have restaurant licenses, have not got a form of license which is The really appropriate to their case.
firense controls, only the restaurant restaurant portion of their business, and licenses under the Asiatic Emigra tion Ordinance centrol the boarding houses only H regards umigrants. That form of license is also perhaps rather beneath the dignity of the better class Chinese hotels. This Ordinance will provide a proper form of liceuse, The Ordinance gives power to deal with boarding houses generally, but at present it is only proposed to deal with the Chinese hotels and boarding houses that are referred to in the draft regulations which were published with the Bill. Other classes of boarding house may be dealt with afterwards if it is found neces- sary to do 30.
THE ATTORNEY-GENERAL- I wish to move an amendment to Clause 7 to make it clear that the licenseo is liable for the acts of his partuers as well as of his other agents. I move, therefore, that the word partners be inserted in the marginal note to make it read "Responsibility for acts of partners, agents and servants, and that in Sub-clause 1 the last seven
"inserted in words be omitted and the wordship partner, agent or servant their place, and that in Sub-clause 3 the word "partner" be inserted between the words such" and "agent" in order that this aub-clause may read "nothing in this section shall be construed as re tieving any such partner, agent or ser- vant from any penalty or forfeiture to which he would otherwise be liable."
This was agreed to.
Clause was passed without amend- ment.
On Council resuming,
THE ATTORNEY-GENERAL moved that the Bill, as amended in Committer. be read a third time.
The Bill was then read a third time and passed.
Liquors Consolidation Ordinance, 1911
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HONGKONG LEGISLATIVE COUNCIL
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even if uo liquor is imported or exported a well-known member of the community by the ship concerned. It is done as a exclaimed "What about vested interestr1" ale, but it is thought better now to make The remark occasioned some amusement the obligation a legal one, Clause 9 re- and the meeting onded somewhat sud peals certain provisions of the principal denly, but I have not forgotten the occur Ordinance which appear to be unneces
rence. I have been long enough in the public service to have acquired a great sary they are provisions which quire that the regulations dealing with pect for vested interests, but I have dealers' liconges,
little regard for assumed rights. Chingse
But restaurant when rights of even the most nebulous licenses and brewery licenses shall be
kind are likely to be affected by legislation published in Chinese. That is not it is the usual practice in this Colony to thought to be neessary, and for some give those concerned an opportunity of years past the Chinese version of the making representations, and this has been Gazette has been given up. It is proposed done in the present instance. Representa now, therefore, to repeal these provisions. tions have been received and I propose to The last clause of the Bill provides that deal with thom. the Bill shall come into operation of December 1st ¡next. That day is taken because publicans and adjunct licenses expire on November 30th, and the 1st of December is, therefore, a convenient day For the introduction of the new provisions for the sale of liquor for cash.
THE COLONIAL SECRETARY rond ed. In doing so. he said: In seconding the ruotion or the second reading of this bill, I only propose to deal with the principle involved in the clauses which relate to the supply of intoxicating liquor on licensed pre- mises not in conjunction with a bond fide meal to persons who are not resident on the premises. Through the action taken during the five years ending on the 30th November. 1916, in terminating all pub- licans' licences except those held in con- junction with hotels there are no public houses in the ordinary sense of the term in the Colony, and it is presumably for the convenience of visitors other than residents that some hotels regularly apply for publicans' licences. part
Such a licence nables an hotel to have what is described in the principal Ordinance as a public har, and the disappearance of the public houses naturally led to an increased amount of custom for the hotel bars. These bars, whether dignified by the name of saloon, buffet, lounge, kiosk, pagoda or what not, are merely adjuncts of the hotel, though perhaps profitable adjuncts, and so long as public opinion demands that such places shall exist, I cannot imagine that any Government, except in some great emergency, would refuse to accede to the demand, though it is per Fectly justified in stipulating that the right conferred shall be exercised in a fit and proper manner. At a meeting that 1 attended some months ago at which the proposal made in this bill was discussed,
pro- latter
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, "An Ordinance to amend the Liquors Consoli. dation Ordinance, 1911. In doing so, he said I understand that the Honourable Colonial Secretary will deal with the principles underlying the first of this Bill, and, therefore, pose to deal only with the portion of it, that is, Clauees 7, 8, 9 and 10. Clauses 7 and 8 make certain slight changes in the provisions of the principal Ordinance as regards import and export statements. One alteration is in order to make it quite clear that the import and export statements furnished under this Ordinance must be on a separate form from any other returna furnished to the Superintendent of the Imports and Exports Department. It has been the practice of the shipping companies to Furnish the liquor returns on a separate form. This Ordinance will make the obligation a legal one. It is also proposed Clauses 4.5 and 6 were passed without to require ship-owners to furnish what are amendment.
known as "nil" returne, that is, a return
THE COLONIAL SECRETARY second ed, and the Bill was read a second time.
Council then went into Committee to consider the Bill clause by clause
Clauses 1 and 2 wore passed without antendment.
move
THE ATTORNEY GENERAL that paragraph (f) of Clause 3 be deleted and the following clauses be marked and () instead of (7) and (7).
This was agreed to.
The principal objection to the enforce ont of payment in cash in hotel bars by persons other than residents is that in will cause a reduction in the takings, or. as it is put in some cases, ncedlem involves two assumptions, one that wer pecuniary loss." Now this statement
suns who have been in the habit of taking their drinks between meals at a certain bar will cease to do so if they have to pay cash for them, and secondly that if this result does follow on the passing of this bill, that the licensee of the bar, will be deprived of money to which he is entitled. I think there is also a sugges tion that the liquor will still be consumed. but in places where this legislation will not be in force. It is possible that there may be a temporary diminution in baz receipts, but the Government would not view such a result as a valid objection to the bill in view of the public benefit to be derived from it
A second objection that has been put forward is that the cumbersome nature of the local coinage makes it improbable that the public will spend much ready cash in places where they are not allowed to sign chits. The reference is apparently to the silver dollar, but it is unlikely tha that coin will be used much in future for ordinary small retail transactions The issue of one dollar notes has recently been doubled and the purchaser of casual and promiscuous drinks will, I am con- vinced, spon drop into the habit of keeping a few of these notes in his pocket, for it must be remembered that the section of the public who will be affected by this bill is a comparatively small one.
Another objection brought against the bill is that at present there is little loss incurred under the chit system, that it has in fact worked well and is a great con. ven lence both to the licensee and his custours. If we were attacking the chit system generally in licensed premises I
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